The duty to manage asbestos



Employers, owners of commercial premises and managing agents have a legal “duty to manage” asbestos in the premises they own or control (Regulation 4). Employers must go through five stages to comply with the law. They must:



• inspect the workplace (or appoint someone else competent to do this) and find out whether asbestos is present;



• assess the risks from any asbestos;



• manage the risk;



• prepare a plan and act on it; and



• monitor arrangements.



Employers must not carry out demolition, maintenance or any other work which exposes, or may expose, their employees to asbestos unless they have found out the type and condition of asbestos present.



They must carry out a suitable and sufficient risk assessment and record their findings before any work is carried out (Regulation 6). They should not arrange to work with asbestos unless a written plan of work detailing how that work is to be carried out has first been prepared (Regulation 7).



Employers must also give adequate training, information and instruction to all employees who are, or may be, exposed to asbestos (Regulation 10). HSE guidance says that “training for safety representatives and elected representatives of employee safety will need to be appropriate to their role.” It specifies that safety reps are entitled to receive:



• a copy of the current assessment for the work;



• a copy of the plan of work;



• details of any air monitoring strategy and results;



• maintenance records for control measures;



• personal information from health records;



• a copy of the individual’s training record; and



• the results of any face-fit test for asbestos respiratory protective equipment (RPE).



It adds that at each stage, safety reps are entitled to be consulted.



Anyone who certifies premises as safe for reoccupation following licensed asbestos work must be accredited by the United Kingdom Accreditation Service (UKAS) (Regulation 20(4)).